APHC010159932023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 8174/2023 Between: 1. SUJATHANAGAR UPKEEP AND WELFARE ASSOCIATION, COMMUNITY HALL, SUJATHANAGAR, WARD NO.10, VISAKHAPATNAM, REP. BY ITS SECRETARY, SRI D. N. MURTHY. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM DIVISION, VISAKHAPATNAM. 4. THE TAHSILDAR, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 5. THE COMMISSIONER AND DIRECTOR OF AGRICULTURE MARKETING COMMITTEE, GOVERNMENT OF ANDHRA PRADESH, GUNTUR, GUNTUR DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue any Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not handing over the site meant for Rythu Bazaar i.e. an extent of Ac.0.70 p. 2 cents situated in Sy.No.175/1 of Chinamushidivada Village, Pendurthi Mandal, Visakhapatnam District as illegal, arbitrary, unjust, unfair, contrary to law and unconstitutional and consequently direct the respondents to hand over the site of an extent of Ac.0.70 cents situated in Sy.No.175/1 of Chinamushidivada Village, Pendurthi Mandal, Visakhapatnam District to the 5th respondent to provide the facility of Rythu Bazar and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to hand over the site of an extent of Ac.0.70 cents situated in Sy.No.175/ 1 of Chinamushidivada Village, Pendurthi Mandal, Visakhapatnam District, which is allotted for Rythu Bazaar forthwith pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1. P VIJAYA KUMARI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR AGRICULTURE The Court made the following: p. 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.8174 of 2023 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue any Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not handing over the site meant for Rythu Bazaar i.e. an extent of Ac.0.70 cents situated in Sy.No.175/1 of Chinamushidivada Village, Pendurthi Mandal, Visakhapatnam District as illegal, arbitrary, unjust, unfair, contrary to law and unconstitutional and consequently direct the respondents to hand over the site of an extent of Ac.0.70 cents situated in Sy.No.175/1 of Chinamushidivada Village, Pendurthi Mandal, Visakhapatnam District to the 5th respondent to provide the facility of Rythu Bazar and pass…” 2. It is asserted in the affidavit filed in support of the writ petition that the land to an extent of Ac.0.70 cents in Sy.No.175/1 of Chinamushidivada Village, Pendurthy Mandal, Visakhapatnam District, was allotted to the petitioner association and accorded sanction for construction of Rythu Bazaar vide proceedings No.AGC05-14021/90/2018-RB-SEC-MARKET, dated 04.10.2018. Thereafter, the Marketing Department issued tender notice calling for bidders to set up stalls fencing etc., and said contract was also finalized. At that crucial time, one bidder namely Mogga Ramayya, started to raise apartments in an extent of Ac.0.40 cents out of Ac.0.70 cents in Sy.No.175/1 stating that he has taken permission from the Government to utilize the land, which was originally belongs to petitioner association and dumped the building material in land of the petitioner, highhandedly. It is further stated that the petitioner association, immediately met the District Collector and made a representation on 01.07.2019, requesting to vacate the builder from the site p. 4 allotted for Rythu Bazaar for the petitioner association and hand over the possession of the site to the Agriculture Marketing Committee for construction of Rythu Bazaar. 3. Learned counsel for the petitioner would submit that said builder filed W.P.No.8866 of 2019 and the said writ petition was disposed of on 06.04.2022, granting liberty to the petitioner to pursue his remedy before the Principal Secretary to Government, Revenue Department, Secretariat and also directed to consider the revision application, after affording an opportunity of hearing to the concerned persons and decide the issue expeditiously as possible. 4. Learned counsel for the petitioner as well as for respondent No.5 would submit as directed by this Court in W.P.No.8866 of 2019, respondent No.1 has not disposed of the revision and the same is pending as on today. 5. In view of the above, without going into merits of the case, the present Writ Petition is disposed of, directing respondent No.1 herein to dispose of the revision filed by one M.S. Ramayya Constructions Private Limited, as directed by this Court in W.P.No.8866 of 2019, as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 06.01.2026 TVN p. 5 150 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.8174 OF 2023 Date: 06.01.2026 TVN